Do DRO reviews even work?

[cryingbear]

I read somewhere that the average success rate for a DRO review is 2%, what is the point of waiting 2-3 years for a DRO review if it's going to be denied? If you DRO review was successful please reply.

[pwrslm]

From Vantage Point (VA BLOG)

 

Traditional Review

If you opt for a traditional review, a member of the RO appeals team reviews the decision on your claim to determine if it was processed correctly; if it was, the RO will issue you a Statement of the Case (SOC). An SOC lists the applicable laws and regulations related to that decision, all the evidence that was considered in making the decision and a detailed explanation of the decision VA made.

De novo Review

A de novo review is your other option. de novo, which means “new,” or “fresh look,” is a Latin term used by lawyers.  In a de novoreview, a DRO, who is a senior-level, highly experienced claim processor, looks at all the evidence of record (your entire claims file, including any new evidence you’ve submitted). The DRO can grant your appeal, deny your appeal and issue an SOC, or order additional development (such as a new medical exam or a request for additional medical records), if warranted.

 

My 2 cents;

RO is going to review you case either way.  You have to file the F9 within a year, if the DRO takes longer, you are sucking wind, adding another year to the start of the F-9 submission. So, if you have strong evidence that already exists in your file, that rises to the standard of a CUE, the De Novo review without a hearing is quickest way to resolve the dispute.  If not, file the Form 9 and add everything you can/need to substantiate your case.  The RO must review all of the new evidence and the existing evidence before it goes to the BVA.  If they dont grant your claim in the RO review, then they issue the SOC.

Edited June 18, 2016 by pwrslm

[Mark D Worthen PsyD]

My understanding is that de novo reviews by a Decision Review Officer (DRO) take place much faster than an appeal to the Board of Veterans Appeals. Is that correct?

Edited June 19, 2016 by Mark D Worthen PsyD

[31Bravo]

I was successful with getting 100% P&T at the RO level by requesting a De Novo review.

Below is a summary of how this was done:

1- I filled a claim and was denied at the RO level.

2- Sent NOD with two Nexus letters. The RO cued themselves and granted 40%.

3- Sent NOD with three Nexus letters and requested a De Novo review. The DRO at the RO cued themselves again and granted 100% P&T. The second NOD took 15 months and 7 days to get 100% P&T.

Nexus letters are the most important key to winning a claim. All this was accomplished at the RO level.

Edited June 19, 2016 by 31Bravo

[Fat]

I think after battling the situation for 12+ years, skipping the NOD and going directly to the BVA is the best route.

More than likely, the NOD (de novo review) will be handled by the same person or team member and you will be denied again after a twelve to twenty four month wait.

Sending the issue to the BVA with a waiver of regional office consideration form is the way to go.

 

[Buck52]

I never had a DRO Review, but did have a DRO Hearing at my RO.

i Can't say a DRO Review is the way to go or not?

but if you can get a chance to have your claim adjuicate correctly and hopefully in your favor  using your medical evidence .

Request a DRO Informal Hearing

 You need to try to get your claim adjudicated at your RO Level and not have to go to the BVA (just my opinion)

if you have all the evidence you need to substantiate your claim I'd ask for a DRO Hearing and go there and look them face to face and present your case   along with  your medical evidence to back it up.

jmo

......................Buck

[Navy4life]

I filed my NOD November 2014 requesting a DRO review hearing.....That was with Roanoke VA.  I inquired about my NOD because nothing was happening January 2016.  I was living in Texas.  I got my DRO review hearing February 2016.  I did not have it with the original DRO but rather another DRO because the DRO I was supposed to have was sick.  At my DRO hearing I presented a binder to the DRO and I had the exact same copy in front of me.  I went page by page in the binder with him pointing out the discrepancies I found from my original denial in November 2014.  I also provided a letter from my VA Podiatrist stating it was "more than likely" that my contentions were service related.  I provided additional N&M evidence.  During my hearing, which last about 45 minutes, the DRO made comments along the way that seemed favorable.

What I didn't like is the fact that he stated 60 days for a decision which is NOT the case!  I am not going on 4 months since my hearing and according to my DAV rep I am RTR (ready to rate) but with dates of March 26th, 2016 to September 20th, 2016.

I would like to mention I chose the "informal hearing" with the DRO and I feel that speaking on my behalf was the best route possible.

I hope I am successful!